Privacy Policy
Effective Date April 14, 2022, Version 1.8
This Privacy Policy (the “Policy”) describes how SmartPay Leasing, LLC (“SmartPay,” “we,” “us,” and “our”) collects and uses Information (as later defined herein) through our websites and any SmartPay subsidiary sites, including the SmartPay portal used for applications and lease transactions, www.smartpaylease.com, and any other SmartPay-based website related to the lease or the lease application process (collectively, “Websites”).
Please read this Policy carefully. By using the Websites, you expressly consent to our collection, storage, use, and disclosure of your Information as described in this Policy. If you do not consent to this Policy, please do not use the Websites.
Additional terms and conditions governing the collection, handling, and use of information we collect from and about our leaseholders may be described in the SmartPay lease agreement or any other agreement you enter into with us. In the event of a conflict between the provisions of this Policy and the provisions in an agreement you enter into with us, the provisions of the agreement shall govern.
Any examples contained herein are provided to help you better understand the Policy and are not intended to be exhaustive.
This Policy does not govern the privacy policies of retailers or telecommunications carriers to whom you may provide additional information related to a SmartPay transaction.
If you are a California consumer, for more information about your privacy rights, please see the section of this Privacy Policy called “For California Consumers.”
If you have questions or concerns regarding this Policy, please contact SmartPay’s Privacy Officer at ccpa@smartpaylease.com.
TABLE OF CONTENTS
- INFORMATION WE COLLECT AND SHARE
- COMMUNICATIONS FROM US
- HOW WE USE INFORMATION
- WITH WHOM WE SHARE YOUR INFORMATION
- DO NOT TRACK NOTIFICATIONS
- DATA RETENTION
- OUR SECURITY PROCEDURES
- COOKIES
- THIRD-PARTY COOKIES
- CLEAR GIFS (WEB BEACONS/WEB BUGS)
- ANALYTICS
- BEHAVIORAL TARGETING/RETARGETING
- UPDATING OR CORRECTING YOUR INFORMATION
- LINKS TO THIRD-PARTY WEBSITE
- TESTIMONIALS
- SOCIAL MEDIA FEATURES AND WIDGETS
- CHILDREN’S PRIVACY
- FOR CALIFORNIA CONSUMERS
- CHANGES TO THIS POLICY
- CONTACT US
Information We Collect & Share
We may collect and share the following types of information, including personally identifiable information, about you in relation to a SmartPay application and/or transaction or as you navigate our Websites (“Information”):
- Information you provide during the application process and on forms, including your name, date of birth, address, telephone number, email address, employment information, income, marital status, gender, Social Security number or Taxpayer Identification Number, driver’s license or other government-issued identification, and account credentials;
- Information about your past and contemplated future transactions with us, such as merchandise leased, services bundled with the leased merchandise, payment history, and the location where you leased the merchandise;
- Information from third-party providers of identification, authentication, and decisioning support services. Information you provide to us related to payments, such as bank account information, checking account information, credit card information, or debit card information;
- Information related to your use of our Websites, such as web pages that you click on, how often you use our Websites, any questions or comments submitted to our Website and how long you spend on web pages;
- Information to identify the merchandise you lease from us;
- Information from third-party providers for sending and delivering text and email communications from SmartPay;
- Information you provide to our customer support team and your results when you respond to a survey. Additionally, for quality and training purposes or for compliance purposes, SmartPay may monitor or record its telephone conversations with you or anyone acting on your behalf. By communicating with SmartPay, you acknowledge that your communications may be overheard, monitored, or recorded without further notice or warning;
- Log file information, including your web request, Internet Protocol (“IP”) address, referring / exit pages and URLs, number of clicks and how you interact with links on the Websites, domain names, landing pages, web pages viewed, geolocation information, traffic to and from the Websites, clickstream data, and other such information; and
- Information about the device you use to access our Websites, including device type, Internet service provider (ISP) and mobile carrier (if applicable), operating system, and browser type.
Communication From Us
By agreeing to this Policy, you give us consent to contact you at the mailing address, telephone (cellular or landline) number, text/SMS number, email address, or fax number that you provide during the lease application process or that you provide to us thereafter. You may receive communications about: (1) whether your application is complete; (2) whether your application is approved or declined; (3) your SmartPay account, including an invitation to register your account online, notices when a lease payment is due or scheduled to be made, when a return is processed, when a funding source needs to be changed, and when a chargeback occurs; (4) certain legal notices required to be sent; and (5) SmartPay promotions, which may be sent after your lease is completed.
Additionally, if applicable, you hereby consent to receive any adverse action notices related to the application at the email address you provide to us. If you do not wish to receive an adverse action notice via email, then you can contact us as outlined below and we will provide it via U.S. mail.
None of the above communications are a condition for entering into or maintaining your lease. If you wish to stop receiving phone calls, text messages, emails, or push notifications from us, please contact us by email at support@smartpaylease.com or by phone at 1-800-374-5587 and let us know the type of communication you wish to stop receiving and the appropriate telephone number, email address, or other contact method to designate as restricted.
- Information you provide during the application process and on forms, including your name, date of birth, address, telephone number, email address, employment information, income, marital status, gender, Social Security number or Taxpayer Identification Number, driver’s license or other government-issued identification, and account credentials;
- Information about your past and contemplated future transactions with us, such as merchandise leased, services bundled with the leased merchandise, payment history, and the location where you leased the merchandise;
- Information from third-party providers of identification, authentication, and decisioning support services. Information you provide to us related to payments, such as bank account information, checking account information, credit card information, or debit card information;
- Information related to your use of our Websites, such as web pages that you click on, how often you use our Websites, any questions or comments submitted to our Website and how long you spend on web pages;
- Information to identify the merchandise you lease from us;
- Information from third-party providers for sending and delivering text and email communications from SmartPay;
- Information you provide to our customer support team and your results when you respond to a survey. Additionally, for quality and training purposes or for compliance purposes, SmartPay may monitor or record its telephone conversations with you or anyone acting on your behalf. By communicating with SmartPay, you acknowledge that your communications may be overheard, monitored, or recorded without further notice or warning;
- Log file information, including your web request, Internet Protocol (“IP”) address, referring / exit pages and URLs, number of clicks and how you interact with links on the Websites, domain names, landing pages, web pages viewed, geolocation information, traffic to and from the Websites, clickstream data, and other such information; and
- Information about the device you use to access our Websites, including device type, Internet service provider (ISP) and mobile carrier (if applicable), operating system, and browser type.
How We Use Information
We may use the Information that we collect in the following ways:
- To provide our services, including to process lease applications, lease merchandise, and receive payments;
- To communicate with you about our Websites and services. This may include payment reminders, information that you have requested, or notification of important changes to our Websites and services;
- To provide customer service, including to answer any questions that you may have or to provide technical support;
- For marketing purposes, such as to send you information about products and services that may be of interest to you;
- To measure traffic and usage trends on our Websites, including the web pages you visit, add-ons you use, and other information that assists us in improving our Websites;
- We may use device identifier information to provide you with location-based services, including fraud detection and local tax calculation;
- To manage our career opportunities;
- To establish and manage our relationships with our vendors and consultants; and
- For any other purpose for which you provide consent.
With Whom We Share Information
We do not share, sell, rent, or trade your Information with any third party except as disclosed within this Policy, any other agreement you have with SmartPay, or with your consent.
SmartPay may share your Information in the following ways:
- Corporate Family.We may share Information with any companies within our corporate family (parents, subsidiaries, related and affiliated companies) to the extent permitted under the law.
- Employees, Contractors, Subcontractors.We may share Information, as appropriate, with any employees, contractors, subcontractors, or other individuals or companies that provide services to SmartPay.
- Retailers, Carriers, and Business Partners.We may share Information, as appropriate, with retailers who offer SmartPay’s service in their stores and/or on their website, telecommunications carriers with whom we partner, and other businesses that we partner with that provide services to SmartPay.
- Legal and Regulatory Disclosures.We may share Information when disclosure is deemed necessary to protect our rights, such as proving the existence and terms of a lease agreement, payments, or distribution of SmartPay products, and/or to comply with a judicial proceeding, court order, regulatory request, subpoena, legal discovery request, law enforcement or state or federal regulator request, audit request, or payment network request. We may also share Information if we believe it is necessary in order to detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person.
- Agents/Service Providers.We may share Information with companies that perform services for us, such as taking customer calls, processing your account, preparing your account statements, processing your payments, providing software or data to us, and helping us collect on monies owed to us. These companies are authorized to use your Information only as necessary to provide these services to us.
- Accounts Receivable Purchasers and Consultants.In the event that your account with us is delinquent, we may sell the account and the right to collect on the account to a company that specializes in accounts receivable management. In the event of such a sale, we will need to disclose certain Information about your account to its purchaser. We may also retain third-party accounts receivable companies to assist us in collecting on delinquent accounts. We and third-party accounts receivable companies may share certain of your Information with third-party information service providers in order to facilitate collections.
- Consumer Reporting Agencies.We may report the status of your account with us to consumer reporting agencies.
- Disclosures for Risk Management and Servicing.We may share all of the Information described above with companies that provide account management, risk management, and account servicing for us (including financial companies such as banks and insurers; non-financial companies, such as data providers; and others).
- We may share Information with other financial companies, such as insurers and banks, with whom we have a joint marketing or similar agreement if permitted by state law.
- Merger or Acquisition.If SmartPay is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Websites of any change in ownership or uses of your Information, as well as any choices you may have regarding your Information.
We share Information about former customers and applicants only as described in this Privacy Policy.
Do Not Track Notifications
Some web browsers may allow you to transmit “do-not-track” or similar signals to the websites that you visit. Our website does not respond to web browser’s do-not-track signals, and we do not alter our behavior or change our services upon receiving a do-not-track request.
Data Retention
We will retain your Information for as long as we have a legitimate business purpose to do so. If you wish to cancel your account or request that we no longer use your Information, contact us at support@smartpaylease.com. We will make commercially reasonable efforts to honor your request, to the extent that it does not interfere with our use of your Information to comply with our legal obligations, resolve disputes, and enforce our agreements.
Our Security Procedures
We limit access to Information about you to those third parties who we believe have a legitimate business purpose to access such Information. We maintain physical, electronic, and procedural safeguards that comply with or exceed federal standards to keep Information about you safe. We require companies working for us to protect Information and to agree to use it only to provide the services we ask them to perform for us.
The security of your Information is important to us. When you enter sensitive information (such as credit card number, Social Security number, and checking account information) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). No method of transmission over the Internet or method of electronic storage is 100% secure; therefore, we cannot guarantee the absolute security of your Information.
Cookies
A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We may use cookies on the Websites. We do not link the information we store in cookies to any personally identifiable Information you submit while on such Websites.
We use both session cookies and persistent cookies to make it easier for you to navigate the Websites. A session cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. We use session cookies to keep you logged in while you use the Websites, to better understand how you interact with such Websites, to monitor aggregate usage and web traffic information on our Websites, and to improve our Websites. We also use persistent cookies to recognize you when you return to our Websites.
Third-Party Cookies
The use of cookies by third parties is not covered by this Policy. We do not have access to or control over these cookies. Third parties may use cookies or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personally identifiable Information or they may collect information, including personally identifiable Information, about your online activities over time and across different websites and other online services.
We may use third-party analytics tools to help us measure traffic and usage trends on our Websites. One of the third-party services that we use is Google Analytics, which is a service provided by Google. Google utilizes the data collected to track and examine the use of our Websites and may share this data with other Google services. You can learn more about Google’s privacy practices and any choices that you may have with regards to the use of your Information by visiting their website at http://www.google.com/policies/privacy/partners/.
We use both session cookies and persistent cookies to make it easier for you to navigate the Websites. A session cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. We use session cookies to keep you logged in while you use the Websites, to better understand how you interact with such Websites, to monitor aggregate usage and web traffic information on our Websites, and to improve our Websites. We also use persistent cookies to recognize you when you return to our Websites.
Clear GIFs (Web Beacons/Web Bugs)
Our third-party analytics partners may employ a software technology called clear GIFs (also known as web beacons or web bugs) to help us better manage content on our Websites by informing us of what content is effective. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Internet users. In contrast to cookies, which are stored on a user’s computer hard drive, clear GIFs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear GIFs to our customers’ personally identifiable Information.
Analytics
Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or application. It can also be provided when the content of the web page or app is downloaded to your browser or device. When you use the Websites, our servers automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, referring / exit pages and URLs, number of clicks and how you interact with links on the Websites, domain names, landing pages, web pages viewed, geolocation information, traffic to and from the Websites, clickstream data, and other such information. We also automatically record certain information about the device you use to access our Websites, including device type, Internet service provider (ISP) and mobile carrier (if applicable), operating system, and browser type. We use this information to analyze trends, administer and secure the Websites, track users’ movements around the Websites, and to gather demographic information about our user base.
We may also collect information that identifies your mobile device, including Electronic Serial Number (“ESN”), International Mobile Station Equipment Identity (“IMEI”), Mobile Equipment Identifier (“MEID”), or other device identifiers. Such device identifiers may contain small data files or similar data structures stored on or associated with your mobile device that enable it to be uniquely identified. A device identifier may be stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by us. A device identifier may deliver information to us or to a third-party business partner about how you browse and use our Websites. Some features of our Websites may not function properly if use or availability of device identifiers is impaired or disabled.
You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to CNG Holdings Inc., or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how to see how we treat your data.
Behavioral Targeting/Retargeting
We may partner with a third-party advertising network to either display advertising on our Websites or to manage our advertising on other websites. Our advertising network partner uses cookies and web beacons to collect non-personally identifiable information about your activities on our Websites and other websites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt out by emailing our Customer Support at support@smartpaylease.com. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.
Updating or Correcting Your Information
If your Information changes, or if you no longer desire our services, you may correct, update, or request the deletion of it by updating your details on our member information web page or by emailing our Customer Support at support@smartpaylease.com. We will make commercially reasonable efforts to honor your request, to the extent that it does not interfere with our ability to comply with our legal obligations, resolve disputes, and enforce our agreements.
Links to Third-Party Websites
Our Websites include links to other websites whose privacy practices may differ from ours. Please be aware that we are not responsible for the privacy practices of other sites. If you submit personally identifiable Information to any of those websites, your Information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.
Testimonials
We display personal testimonials of satisfied customers on our Websites in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at support@smartpaylease.com.
Social Media Features and Widgets
Portions of our Websites may include social media features or widgets, such as the Facebook and Twitter buttons or interactive mini-programs. These features or widgets may collect Information, such as your IP address and which web page you are visiting on our Websites, and may set a cookie to enable the feature or widget to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Websites. Your interactions with these features and widgets are governed by the privacy policy of the third-party company providing the feature or widget.
Children's Privacy
Our Websites are not intended for use by children. We do not knowingly collect Information from children under the age of 18 years. If we become aware that a child under 18 years of age has provided us with Information, we take immediate steps to delete such Information.
For California Consumers Only: Privacy Rights under the California Consumer Privacy Act (“CCPA”)
This California section supplements the Privacy Policy and applies solely to California consumers (including former customers and applicants).
Collection and Disclosure
- SmartPay may collect the following categories of personal information about you:
- Identifiers such as a real name, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; unique pseudonym, or user alias; telephone number(s) and other forms of persistent or probabilistic identifiers), Internet Protocol address, email address, account name, Social Security number, driver’s license number, and other similar identifiers;
- Account log-ins;
- Signature, state identification card number, education, bank account number, credit card number, debit card number;
- age
- Internet and other electronic network activity information, including, but not limited to, browsing history, search history, cookie information, and information regarding your interaction with websites, applications or advertisements;
- Geolocation data;
- Inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, and attitudes.
- SmartPay may collect personal information about you from the following categories of sources:
- From you or your devices, for example, through the application process and your use of the Websites;
- Providers of identification, authentication, and decisioning support services;
- Retailers who offer SmartPay services in their stores and/or on their websites, telecommunications carriers and other businesses with whom we partner;
- Other financial companies, such as insurers and banks, with whom we have joint marketing or other agreements;
- Companies, including both financial and non-financial companies, that provide account management, risk management and account servicing for us;
- Accounts receivable companies and information service providers that assist us in collecting on delinquent accounts;
- Our Affiliates; and
- Online advertising companies.
- SmartPay may collect personal information about you for the following business or commercial purposes:
- Performing requested services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services;
- Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
- Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
- Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
- Debugging to identify and repair errors that impair existing intended functionality;
- Undertaking internal research for technological development and demonstration; and
- Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.
- The categories of third parties with whom information is sold or shared are:
- Cell Phone Carriers and Electronics Providers.
- SmartPay sells or shares the following categories of personal information:
- Inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
- SmartPay may sell or share personal information about you for the following business or commercial purposes:
- Performing requested services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services;
- SmartPay may disclose for a business purpose the following categories of personal information:
- Identifiers such as a real name, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number(s) and other forms of persistent or probabilistic identifiers), Internet Protocol address, Social Security Number, email address, and other similar identifiers;
- Credit card number, debit card number, and other financial information;
- Internet and other electronic network activity information, including, but not limited to, browsing history, search history, cookie information, and information regarding your interaction with websites, applications or advertisements;
- Geolocation data; and
- Age.
- For personal information SmartPay discloses to a third party for a business purpose, the categories of third parties to whom that information is disclosed are:
- Name, address, device identifiers, pixel tags, mobile ad identifiers, IP address, email address, Social Security Number, driver’s license number or state identification number, financial accounts, debit card numbers, bank account numbers, credit card numbers age, and geolocation data may be disclosed for a business purpose with Security and Integrity Verification Organizations; Marketing, Data Processing, and Account Servicing Organizations.
- Financial accounts, including debit card numbers, bank account numbers and credit card numbers may be disclosed for a business purpose with Payment Processors, Security and Integrity Verification Organizations; Marketing, Data Processing, and Account Servicing Organizations.
- Internet and other electronic network activity information including, but not limited to, browsing history, search history, cookie information, and information regarding your interaction with websites, applications or advertisements may be disclosed for a business purpose with Marketing, Data Processing, and Account Servicing Organizations.
- SmartPay may disclose personal information to a third party for the following business purposes:
- Performing requested services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services;
- Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
- Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
- Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
- Debugging to identify and repair errors that impair existing intended functionality;
- Undertaking internal research for technological development and demonstration; and
- Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.
SmartPay does not knowingly sell or share the personal information of consumers under 16 years old. SmartPay does not use or disclose sensitive personal information for purposes other than those specified in 11 CCR § 7027(m).
California Consumer Privacy Rights
You may exercise the following list of rights twice in any 12-month period:
- The right to know what personal information SmartPay has collected about you, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing your personal information, the categories of third parties to whom the business discloses personal information, and the specific pieces of personal information the business has collected about you;
- The right to delete personal information that SmartPay has collected from you, subject to certain exceptions;
- The right to correct inaccurate personal information that SmartPay maintains about you;
- The right to opt-out of the sale or sharing of your personal information; and
- The right not to receive discriminatory treatment by SmartPay for the exercise of privacy rights conferred by the CCPA. This right extends to employees, applicants and independent contractors.
To submit an access, correction, deletion request, or to opt-out of sale or sharing of information, click here , contact us by phone at 1-800-785-7130, or email ccpa@smartpaylease.com. To help protect your privacy and maintain security, we take steps to verify your identity before granting you access to your personal Information or complying with your request. To verify your request, SmartPay requires certain minimum information in a request form to compare against company records; this information includes at a minimum, first name, last name, email address, and phone number. If a consumer’s opt-out preference signal is detected, SmartPay will honor that request and not sell or share personal information for that consumer. A consumer may broadcast an opt-out signal in a frictionless manner by using functionality present in certain internet browser, and that signal will be detected and honored. An authorized agent can submit a request on your behalf by providing additional written information substantiating the agent/principal relationship after using the toll-free number request submission method. For questions about SmartPay’s privacy policy, information practices, email ccpa@smartpaylease.com.
This CCPA policy was last updated November 2023.
Changes To This Policy
If we decide to change our Policy, we will conspicuously post a link to the updated Policy in places on the Websites we deem appropriate so that you are aware of what Information we collect, how we use it, and under what circumstances, if any, we disclose it.
Contact Us
If you have any questions about our Privacy Policy, you may contact at us:
SmartPay Leasing, LLC.
- Mail: SmartPay Leasing, LLC 7755 Montgomery Road, Suite 500, Cincinnati, Ohio 45236
- Phone: 1-800-374-5587
- Email: support@smartpaylease.com
- Web: www.smartpaylease.com
For California Consumer Privacy Act Requests
- Web: https://smartpaylease.com/ccpa-request/
- Phone: 1-855-647-3410
- Email: ccpa@smartpaylease.com
